New Mexico

Under New Mexico law, a private employer may not, as a term of employment, require an employee to sign an NDA in a settlement agreement relating to a claim of sexual harassment, discrimination, or retaliation occurring in the workplace brought by the employee, nor can the employer prevent the employee from disclosing a claim of sexual harassment, discrimination. The law does allow for confidentiality in a settlement agreement between an employee or former employee alleging sexual harassment, discrimination, or retaliation if an employee requests it, and it allows for confidentiality relating to the monetary amount of the settlement. However, disclosure of factual information related to the underlying sexual harassment, discrimination, or retaliation claim must be disclosed pursuant to a valid subpoena or otherwise required by law (2020). NMSA 1978 50-4-36.